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HomeMy WebLinkAboutPB Minutes 2001-05-01TOWN OF ITHACA PLANNING BOARD TUESDAY, MAY 19 2001 FILE DATE � O The Town of Ithaca Planning Board met in regular session on Tuesday, May 1, 2001, in Town Hall, 215 North Tioga, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Kevin Talty, Board Member; John Barney, Attorney for the Town; Jon Kanter, Director of Planning; Dan Walker, Director of Engineering; Susan Ritter, Assistant Town Planner; Mike Smith, Environmental Planner. EXCUSED: Tracy Mitrano, Board Member, ALSO PRESENT: Phillip Albrecht, Egner Architectural; Robert S. Fanelli, Jim Napoleon & Associates; Hollis Erb, 118 Snyder Hill Road; Jim Pung, Cornell University; Lauren Bishop, Ithaca Journal; Louis Billera, 925 Mitchell Street #5; Abigail Saxon, 925 Mitchell Street # 1; Bill Seldin, 120 Northview Road; Frank Rogan, 265 Lansing Station Road; Bob Chaddock, 144 Whitetail Drive; Laurene Gilbert, 24 Gilbert Road; Pat Graham, 38 Benson Road; Chris & Victoria Anagnost, Eastwood Commons; Catherine Milnor, 924 Mitchell Street #6; Jeanne Billera, 925 Mitchell Street #5; Maria Mercedes Franco, 925 Mitchell Street #4; Jose F. Escolar, 925 Mitchell Street #4; Dan Schwarz, 925 Mitchell Street #3; Maria Jacobson, 925 Mitchell Street #3; Joan & Ed Lawler, 925 Mitchell Street #2; John Gutenberger, 110 Eastwood Terrace; Scott Brim, 146 Honness Lane. Chairperson Wilcox declared the meeting duly opened at 7:33 p.m., and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on April 23, 2001, and April 25, 2001, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on April 25, 2001. (Affidavit of Posting and Publication is hereto attached as Exhibit #1) Chairperson Wilcox read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Wilcox opened this segment of the meeting at 7:34 p.m. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:35 p.m. Chairperson Wilcox - I would like to welcome our new Planning Board member, Kevin Talty, to the board. I hope he will enjoy his service with us. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed expansion of the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road, Town of Ithaca Tax Parcel No. 61.- 1 -7.2, Residence District R -30. The proposed PLANNING BOARD PAGE 2 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED 41,400,-,t square foot (gross), three -floor expansion will include new laboratories, offices, a kennel facility, and- ;a.100 -seat lecture theater. Modifications to the parking lots and walkways are also' ""proposed: " °Cornell University, Owner /Applicants James Pung, Architect/Project Manager, Agent. Jim Pung, Cornell University - This is a three -floor expansion of new laboratories. There will be five labs on the top floor and five labs on the second floor. The first floor will be a kennel. We are going to enter the condition verbiage in the contract language of the construction documents. Chairperson Wilcox - Staff reports that all conditions of Preliminary Site Plan Approval have been met. Board Member Hoffmann - The chillers are located to the north and west of the main part of the building. Are the chillers enclosed within some walls? Mr. Pung - The previous solution in the sketch plan showed them on the roof with a quite high screen hiding them. It created a conflict of air emissions from the building. It caused quite a bit of issues with what happens to the smoke plume that comes out of the stack. We placed the chillers on the ground and created a much more substantial wall around them. It is a masonry wall. The chillers are also set on concrete. Board Member Hoffmann - I could not see if there were lights along the lower level of the western most fagade from the electrical drawings. Mr. Pung - There is an exterior exit light that was required for emergency egress from the stair tower. It is a down light near the door. The receiving area is heavier lit, but with down lighting. The lights are cut -off fixtures. Chairperson Wilcox opened the public hearing at 7:40 p.m. Victoria Anagnost, Eastwood Commons - How many cubic yards of excavation will there be with this project? Where will the fill go and how will the traffic pattern be handled? Is this project a simultaneous interest with the next project? I am interested in the scheduling. I am interested in the movement of that quantity of soil. Chairperson Wilcox - The board is concerned about construction related traffic entering Hungerford Hill Road from the residential neighborhood along Snyder Hill Road. The proposed resolution reiterates a condition of Preliminary Approval that construction related traffic enter the site from Ellis Hollow Road. Mr. Pung - The western portion of the building is on the downhill side. Part of the first floor is imbedded to the east. The west side is not excavated a great deal except for foundations. The east side does have some rock. It can be excavated by machinery. The contract requires the contractor to have the fill removed from the site at their expense. The topsoil is to be reused around the site. I PLANNING BOARD PAGE 3 MAY 1, 2001 APPROVED - APPROVED - APPROVED - MAY 151 2001 - APPROVED - APPROVED - APPROVED do not know the exact cubic yards that would be removed. We will reuse the soil. It will not be stockpiled. Chairperson Wilcox - The spoils will be shipped off site. Mr. Pung - Yes. Cornell University does not want to deal with that kind of storage. It is a contractor's expense as part of the bid to get rid of it. Mrs. Anagnost - I am more concerned with how many trucks there will be. Our little roads can only handle a truck of a certain size. The certain size truck is limited to how many cubic yards it will carry. It has to go somewhere. Are the three projects before the board going to be simultaneously? It constitutes a very busy area. I want the board to address that kind of overlap and labor scheduling. It is a lot of truckloads. These projects are a string of pearls. In order for me to understand and not complain constantly, it would be nice to see if the Planning Board has strung those same issues together as I have. Chairperson Wilcox - This board in granting Preliminary approval feels that this project itself does not present a necessary load upon the currently highway facilities to and from the site. We will get to the proposed modification to the Trust Company, which is a minor modification. When the board get to Sketch Plan Review tonight for the proposed athletic fields there will be numbers given in terms of the amount of fill that might be dumped by cubic yards and the number of truck loads. We are aware of the issues and we have dealt with them in regard to Baker Lab, Mrs. Anagnost - Has the board looked at the scheduling for the three projects together? Chairperson Wilcox - The most significant project possibly could be the athletic fields. It is not an approved project. Mrs. Anagnost - These are all projections. You have to project a start date, the amount of time for development. Has the board in general looked at that? Chairperson Wilcox - I think you are getting ahead of the board and applicant with regard to the most significant project, which could be the athletic fields. Mrs. Anagnost - Are the other projects going to occur at the same time? Mr. Pung - We are hoping to break ground on June 1St. The site work would be a couple of months. The trucking would be done during June, July and the beginning of August. We hope to have the building enclosed by winter. The completion date is December 2002. It is spread out. Board Member Hoffmann - Is not is true, that in any project where there is a certain amount of soil or rock that is being dug up, that triggers a review by the Town Engineer? Mr. Kanter - It is automatically triggered as part of site plan approval. There is a separate fill permit, which applies to things that do not go through the site plan approval process. PLANNING BOARD PAGE 4 MAY 19 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Board Member Hoffmann - It does not matter if it is Cornell that does the digging and the removal or if it is a private contractor. I am surprised that the applicant does not know how much fill is being removed. Mr. Pung - We had many presenters during Preliminary Site Plan review. The number was probably more readily available at that stage. The number could be produced. Board Member Conneman - The contractor must have known the amount of cut and fill when they bid on the project. Mr. Pung - It would have appeared on the drawings as cut and fill. We do know that rock is going to leave the site. Top soil and good earth is going to be placed back on the site. Chairperson Wilcox - I propose that we add a condition to the resolution that we are provided with the total cubic yards of fill and spoil that will be removed from the site. Board Member Hoffmann -That by itself is not going to help anything. Chairperson Wilcox - It gives us a measure of the amount of truck traffic that will occur. Board Member Thayer - This project appears to be complete by the time the field project start. Chairperson Wilcox - We are getting ahead of ourselves with the fields. We are only seeing the Sketch Plan review this evening. The board has not seen anything but two maps. There is a potential for an overlap. Dwight Lopes, Cornell University - We do not have an exact number for the volume of excavation because of some of the unknowns. The contractors that bid on the project felt confident enough with the data that there was not going to be extensive excavation required and rock removed that they did not make a big issue about it. Board Member Hoffmann - We often get those figures before the project is complete. I am worried where the truck traffic will go. I am concerned that we do not know where the fill will be placed. Chairperson Wilcox - The contractor would need to get a permit if he wanted to dump the fill in the Town of Ithaca. Attorney Barney - I am not sure he would need to get a permit under our law. Mr. Walker - The long form environmental assessment lists that zero yards of material would be removed from the site. It is a balance of cut and fill. Mr. Pung - The footprint has not changed since the long form environmental assessment. PLANNING BOARD PAGE 5 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Attorney Barney - The law says that you need to have a permit unless the total amount of material removed from the construction site to an off -site location is less than 50 cubic yards. It needs to be done in accordance with an approval. Mr. Walker - Is a permit required if it is moved to another site within the Town? Attorney Barney - We talked about the removal to an off -site location. Mr. Walker - A fill permit is not required if there is a site plan or subdivision approval. Mr. Kanter - The environmental assessment states there is no excavation being removed from the site. Chairperson Wilcox - The board's determination is based upon the environmental assessment. Attorney Barney - The applicant could need to come back before the board before they remove any fill from the site. Mr. Walker - The extra fill can be used to build the berm for the storm water management structure. There are significant other fill areas where rock could be buried without being detrimental to the landscape. Mr. Pung - We could use some of the crumble rock. Mr. Walker - Some areas bring in a crusher and use the rock as a parking lot base. Chairperson Wilcox closed the public hearing at 8:07 p.m. RESOLUTION NO. 2001 -30 - Final Site Plan Approval, Expansion, Hungerford Hill Road, Tax Parcel No. 61- 1 -7.2. ;ornell Universi MOTION made by Larry Thayer, seconded by George Conneman. WHEREAS. 1. This action is consideration of Final Site Plan Approval for the proposed expansion of the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road on Town of Ithaca Tax Parcel No. 61- 1 -72, Residence District R -30. The proposed 41,400 +/- square foot (gross), three floor expansion will include new laboratories, offices, a kennel facility, and a new 100 seat lecture theater. Modifications to the parking lots and walkways are also proposed. Cornell University, Owner/ Applicant; James Pung, Architect/Project Manager, Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review with respect to Site Plan Approval and Special Approval, did on March 20, 2001 make a negative determination of environmental significance, and PLANNING BOARD PAGE 6 MAY 1, 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED 3, The Planning Board, on March 20, 2001, did grant Preliminary Site Plan Approval, with conditions, for the proposed project, and 4. The Zoning Board of Appeals, on April 16, 2001, did grant the necessary variance and Special Approval for the proposed project, and 5. The Planning Board, at a Public Hearing held on May 1, 2001, has reviewed and accepted as adequate, plans entitled "Topographic Information," Drawing No. C100, "Site Layout," Drawing No. C101, "Grading and Drainage Plan," Drawing No. C102, "Site Utility Plan," Drawing No. C 103, "Erosion and sediment Control Plan," Drawing No. C104, "Site Details," Drawing No.'s C201 and C202, dated 317101, prepared by T. G. Miller P.C., "Landscape Plan," Drawing No. L101, "Site Electric Plan," Drawing No. ES101, dated 315101, prepared by Gaudreau, Inc., and other application material, and NOW THEREFORE BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby grants Final Site Plan Approval for the proposed 41,400 +/- square foot (gross) expansion to the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road, Town of Ithaca Tax Parcel No. 61- 1 -7.2, including new laboratories, offices, a kennel facility, and a new 100 seat lecture theater, subject to the following conditions: a. that all substantial construction related traffic enter the site from the north from Ellis Hollow Road rather than from the south from Snyder Hill Road. b. no removal of any rock, fill, or other materials will occur without compliance with Section 70 of the Zoning Ordinance. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, Talty. NA YS: NONE. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for modifications of a previously approved site plan for Tompkins County Trust Company at East Hill Plaza located at 1012 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62 -2 -1.21, Business District "C ". Changes form the previous site plan approval include maintaining the existing flat roof instead of the proposed sloped roof and renovate the existing curbing instead of installing new granite curbing. Tompkins County Trust Co., Owner /Applicant; Phillip Albrecht, Egner Architectural Associates, LLC, Agent. Phillip Albrecht, Egner Architectural Associates - The first item is that the existing flat roof will remain instead of putting on the sloped gable roof. We are planning to add the curbing in as an additional item. It might not be put in. PLANNING BOARD PAGE 7 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED In the beginning we were charged with designing a certain scope. During our design process, as more persons became involved, more items were added to the site. The numbers came in high in the end. The bank did not want to spend the amount of money that the bids came in as. Eliminating the gable roof would substantially lower the cost of construction. Mr. Talty - What is the cost over a 10 or 20 year period to maintain a flat roof versus a new pitched roof? Mr. Albrecht - A cost analysis was not done. There would have been a new structure on top of the existing structure. We greatly increased the amount of uplift. There were structures that we had to take back to the earth to anchor the new roof. The shingle roof would be a less expensive roof to re- roof years down the line. The initial cost would more than outweight the difference in maintenance costs. Chairperson Wilcox opened the public hearing at 8:14 p.m. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:15 p.m. Board Member Hoffmann - I do not have a problem with the modification. It is one of the nicer looking sites in East Hill Plaza. The site has very nice landscaping. RESOLUTION NO. 1 - Site Plan Modification, Tompkins County Trust CompanV, 1012 Ellis Hollow Road, Tax Parcel No. 62 -2 -1.21. MOTION made by Eva Hoffmann, seconded by Rod Howe. WHEREAS. 1. This action is consideration of Site Plan Modification for the proposed changes to Tompkins County Trust Company (now Tompkins Trust Company) at East Hill Plaza located off Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62 -2 -1.21, Business District "C." Changes from previous site plan approval include maintaining the existing flat roof instead of the proposed sloped roof and renovating the existing curbing instead of installing new granite curbing. Tompkins County Trust Co., Owner / Applicant; Phillip Albrecht, Egner Architectural Associates, LLC, Agent. 2. This is a Type 11 Action, pursuant to 6 NYCRR Part 617, State Environmental Quality Review Act (SEQRA), requiring no further environmental review, and 3. The Planning Board, at a Public Hearing held on May 1, 2001, has reviewed and accepted as adequate Sheet No. 0058R -SP1, entitled "Site Setback & Open Area," dated 412101, Sheet No. 0058R-CO 10, entitled "Site Plan," Sheet No. 0058 -A 12, entitled "Plan," and Sheet No. 0058R- A25, entitled "Elevations," all prepared by Egner Architectural Associates, and other application materials. NOW THEREFORE BE IT RESOLVED. PLANNING BOARD ' PAGE 8 MAY 1, 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed changes to Tompkins County Trust Co. at East Hill Plaza located off Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62 -2 -1.21, as shown on Sheet No. 0058R- SP 1, entitled "Site Setback & Open Area," dated 4/2/01, Sheet No. 0058R -0010, entitled "Site Plan," Sheet No. 0058 -Al2, entitled "Plan," and Sheet No. 0058R -A25, entitled "Elevations," prepared by Egner Architectural Associates, subject to the following conditions, prior to the issuance of any building permits: a. revision of Sheet Nos. 0058R -0010 -Site Plan, 0058-Al2-Plan, and 0058R -A25- Elevations, to include the most recent revision date, and b, submission of an original or mylar copy of the final site plan, Sheet No. 0058R-CO 10. to be retained by the Town of Ithaca. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, Tally. NA YS: NONE. The motion was declared to be carried unanimously. AGENDA ITEM: SEAR Determination: Rogan's Corners, 825 Danby Road. Chairperson Wilcox opened this segment of the meeting at 8:20 p.m. Bill Seldin, 120 Northview Road - I went through the minutes from the last meeting very carefully. We have been able to address the items of concern. The site had a number of parking spaces that encroached on the State right of way. The parking spaces have been relocated. The Department of Transportation faxed a letter to the Town noting that the parking spaces are now satisfactory. There was also the encroachment of a stone wall and railroad tie. An encroachment agreement has been executed between Mr. Rogan and the adjacent property owner. Board Member Hoffmann raised the concern regarding the lack of notation regarding the walk -in freezer. It is now noted on the map. We have also obtained a 25 year lease agreement with Mr. Fish for 10 parking spaces. We would welcome a condition in any approval that the agreement be executed to the satisfaction of the Attorney for the Town. PLANNING BOARD PAGE 9 MAY 12 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED The amount of seating capacity has been lowered from 140 seats to 130 seats. Mr. Herrick provided a letter to the board regarding lot coverage. We have 3 more parking spaces on the site than are required. It gives the board room to eliminate a few parking spaces. The parking spaces adjacent to the cooler could be deleted. We would then add a walkway. Attorney Barney noted that the traffic counts were taken during spring break. We had the traffic engineer take new counts last Friday while school was in session. The new counts confirm the initial traffic counts. The seating does not cause a problem with parking or traffic. The site plan has been revised to show the plantings. I called Attorney Barney and explained that we were ready to abide by any requirements the Town thought would be appropriate. We stand by the commitment that we have made. We worked hard to show respect for the board and answer the concerns of the board. Board Member Hoffmann - The lot coverage includes the paved areas and structures. Does the lot coverage exceed the limit? Ms. Ritter - The 30% lot coverage requirement was enacted in 1992. This site plan was approved in 1991. The amount that the applicant is adding now is not changing it significantly. They had already gone over the 30% lot coverage requirement. The site has 26% of natural area. It is not far over the requirement. It was not required at the time everything was approved. Board Member Hoffmann - It is not clear if there are new plantings proposed. Does the current landscape plan describe the existing conditions or what is planned in the future? Mr. Seldin - It describes the existing condition. We are prepared to accommodate the board if the landscape plan is not satisfactory. Chairperson Wilcox - One concern expressed by the board was that the traffic study had not been made available to us before the meeting. Mr. Seldin previously provided Mr. Barney with a copy of a lease agreement with Mr. Fish. Mr. Seldin - The old lease agreement expires in June. We have drafted a new lease agreement. The term is 25 years for 10 parking spaces. Board Member Hoffmann - I am concerned that structures have been built within the setback and across the property line. My biggest concern is where Rogan's Corners received permission to start with, to add a restaurant or eating facilities within an area where it is not normally allowed. The reduction in seating is not very large. I have a problem with the seating of the restaurant being increased by more than double what was allowed initially. Chairperson Wilcox - The changes that were made are the ones that concern me. This is a situation where.portions of the site were approved many years ago. It is unfortunate that changes were made to the site without proper approval. It is unfortunate that changes were made without hiring the proper professionals to ensure that items did not cross over the property line. The issue before the board now is the environmental impact of the changes. Board Member Mitrano was the most PLANNING BOARD PAGE 10 MAY 1, 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED adamant at the last meeting about wanting to let the process between the applicant and Town Board proceed first. Attorney Barney - The Town Board authorized enforcement proceeding against violation. We have had discussion with Mr. Seldin. We expect the end result to be Mr a $2500 fine. Chairperson Wilcox closed this segment of the meeting at 8:38 p.m. 1TION NO. 2001 -32 - SEOR, Pre 825 DanbV Road, Tax Parcel No. 404-2. % Final Site MOTION made by Fred Wilcox, seconded by Rod Howe. WHEREAS: Mr. Rogan for . Rogan paying 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed site plan modifications to Rogan's Corner, located at 825 Danby Road, Town of Ithaca Tax Parcel No. 40 -4 -2, Business District 'A." The proposal includes the addition of a wood deck and awning to Franco's Italian Restaurant for outdoor seating, the addition of a 225 +/- square foot wood storage shed on the north end of the laundromat, the addition of a 355 +/- square foot wood storage shed on the south side of the convenience store, locating the waste /recycle bin area to the west of the laundromat, and other related site changes. James and Julie Rogan, Owners; Frank Rogan, Applicant, 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, on May 1, 2001, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part II prepared by Town Planning staff, a map entitled "Modified Site Plan," dated 316101, revised 4119101, prepared by T. G. Miller P.C., and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. The vote on the motion resulted as follows: PLANNING BOARD PAGE 11 MAY 17 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED AYES: Wilcox, Conneman, Thayer, Howe, Talty. NAYS: Hoffmann. The motion was declared to be carried. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed site plan modifications to Rogan's Corners located at 825 Danby Road, Town of Ithaca Tax Parcel No. 404-2, Business District "A ". The proposal includes the addition of a wood deck and awning to Franco's Italian Restaurant for outdoor seating, the addition of a 225 ± square foot wood storage shed on the north end of the laundromat, the addition of a 355 ± square foot wood storage shed on the south side of the convenience store, located the waste /recycle bin area to the west of the laundromat, and other related site changes (all improvements are existing). James and Julie Rogan, Owners; Frank Rogan, Applicant. Chairperson Wilcox opened the public hearing at 8:38 p.m. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:40 p.m. Board Member Howe - Should we eliminate parking spaces 35 and 36? Chairperson Wilcox - It would be possibly less than what our Zoning Ordinance requires. I do not like parking space 53. Mr. Smith - There have been no problems with cars parking in spaces 35 and 36. Board Member Hoffmann - I thought spaces 27, 28 and 29 are very close to the area where cars are fueling. Is there any requirement regarding how close a parking space can be to gas pumps? Mr. Smith - There is no distance requirement. Staff thought that parking space 27 could be deleted and then parking space 26 could slide up. It would help circulation. Chairperson Wilcox - There are a lot of parking spaces that we do not like or might be less than perfect. The Zoning Ordinance states that there needs to be 50 parking spaces. Has staff seen any problem with parking spaces 35 and 36? Mr. Smith - They did not seem to obstruct the traffic flows. Board Member Hoffmann - The row of parking spaces 33 to 37 have a dip as you pull into them. Chairperson Wilcox - There are many little odd things about the site. Parking space 53 is in an odd location. It is exposed to various sides of a lot of traffic. Board Member Hoffmann - What is the reason for the empty space between parking spaces 23 and 24? It is an odd shape. PLANNING BOARD PAGE 12 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Frank Rogan, 265 Lansing Station Road - It would be difficult to get a car in and out of the space. We chose not to mark it as a parking space. Board Member Hoffmann - Parking spaces 22 and 23 are very long. There would be more room if those spaces were shorter. Chairperson Wilcox - Parking space 53 can remain. It should be easy to get in and out of. Planning staff is not concerned with parking spaces 35 and 36. Board Member Hoffmann - There is a sidewalk on the eastern and western side of the building. The sidewalk is now blocked because of the cooler. The parking spaces could be eliminated to allow people to walk around. When you see a sidewalk around a building you expect to be able to continue on it, not have an obstacle. Attorney Barney - The sidewalk is only 10 feet long. Mr. Smith - It only provides access to parking space 34. It does not connect anywhere. Board Member Conneman - Violations have been made, but the applicant is willing to pay the consequences. I am willing to vote for the project. Mr. Seldin - I did not negotiate with Attorney Barney about the amount of the fine. Board Member Hoffmann - I am going to vote against the project for the reasons I have stated previously. RESOLUTION NO. 2001 -33 - Prelir Danby Road, Tax Parcel No. 40 -4 -2. 1 Final Si MOTION made by Rod Howe, seconded by George Conneman. WHEREAS. al, Rogan's Corner, 825 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed site plan modifications to Rogan's Corner, located at 825 Danby Road, Town of Ithaca Tax Parcel No. 40 -4 -2, Business District "A." The proposal includes the addition of a wood deck and awning to Franco's Italian Restaurant for outdoor seating, the addition of a 225 +/- square foot wood storage shed on the north end of the laundromat, the addition of a 355 +/- square foot wood storage shed on the south side of the convenience store, locating the waste /recycle bin area to the west of the laundromat, and other related site changes. James and Julie Rogan, Owners; Frank Rogan, Applicant. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, has, on May 1, 2001, made a negative determination of environmental significance, after having reviewed and accepted as PLANNING BOARD PAGE 13 MAY 17 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on May 1, 2001, has reviewed and accepted as adequate, a map entitled "Modified Site Plan," dated 316101, revised 4119101, prepared by T.G. Miller P.C., and other application materials. NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed site plan modifications to Rogan's Corners, as shown on the submitted site plan entitled "Modified Site Plan, prepared by T.G. Miller P.C., and dated 316101, revised 4119101, subject to the following conditions, prior to the issuance of the Final Certificate of Occupancy: a. submission of an original or mylar copy and two paper copies of the final site plan, to be retained by the Town of Ithaca, revised to show deletion of parking space number 27 and moving parking space number 26 to the northeast; b, submission of an easement agreement for the use of 10 parking spaces on the adjoining Fish property for a period of 25 years satisfactory to the Attorney for the Town; C. obtaining of the necessary variances from the Zoning Board of Appeals. The vote on the motion resulted as follows: AYES: Wilcox, Conneman, Thayer, Howe, Tally. NAYS: Hoffmann. The motion was declared to be carried. OTHER BUSINESS: Chairperson Wilcox - Attorney Barney, could you update the board on the intermunicipal meeting last night regarding the towers issue? Attorney Barney - There was a discussion over the County's position that the they are not required to come before any local municipality for approval or site plan review when they construct the towers. It is the position of 6 towns and 2 villages that the County should come before the local municipality for approval. We did not come to any agreement one way or another. There was a gentleperson's PLANNING BOARD PAGE 14 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED agreement that we would exchange memorandums as to a way that we might be able to decide the issues with this project. Chairperson Wilcox - Are you representing the municipalities? Attorney Barney - Yes. My office is representing the municipalities. AGENDA ITEM: Consideration of a Sketch Plan for the proposed Cornell University Precinct 9 Athletic Fields located off Pine Tree Road behind the Reis Tennis Center and the Cornell Equestrian Center, Town of Ithaca Tax Parcel No.'s 60- 1 -9.1, 60- 1 -9.2, 60 -1 =18, 60 -1 -5, and 60 =1- 8.2, Residence District R -30. The proposal includes the creation of three multi - purpose athletic fields that will be largely developed from the deposition of 74,000 ± cubic yards of fill. The proposal also includes the creation of a recreation trail, which will link the proposed athletic fields and the Reis Tennis Center to the East Ithaca Recreation Way. Cornell University, Owner /Applicants Laurene Gilbert, ASLA, Agent. Chairperson Wilcox opened this segment of the meeting at 9:00 p.m. Laurene Gilbert, Cornell University - I was before the board three years ago with essentially the same project. It was a much larger project. The original project consisted of the three playing fields located in the Precinct 9 area, which is south of the Reis Tennis Center. We also had a lot of elements in the project that has been deleted. The lighting and the changing facilities have been deleted from the site. The paved parking and bus pull -offs have also been eliminated. At that time it was a capital project for Cornell. It means that it is a substantially large project and you take into account as much as you can and that you can receive funding for. The project was tabled due to shifting priorities in the Athletic Department. They felt other projects were more important to them at the time. They never lost the desire or need for the fields. Monies have also been shifted in different directions. There is no longer the funding for the other elements of the project. The use of the fields has also changed so that lighting is no longer needed. An opportunity arose for the Athletics Department because of some projects that are upcoming. Large quantities of fill are going to be taken from the Duffield Hall project. It is beneficial for the University and those outside campus boundaries to keep the fill within Cornell boundaries. We thought it was a good opportunity to be able to use the fill to create these fields. There are many projects forthcoming that would provide fill. We do not know at this time if the quality of fill would be adequate. We are looking into it at this time. A hydrological study of the area is also being done. The layouts of the fields are essentially the same as in the previous proposal. There would be three fields on the site. There is also the addition of a siltation pond and three settling basins that will be used as erosion control. The other significant impact on the site would be the wooded area. It was a field that grew back naturally. We will have to clear the area again in order to make room, for the fields. The three fields are approximately 6 acres in total. We need 74,000 cubic yards of fill to make the fields. PLANNING BOARD PAGE 15 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED The fields will be used for summer camp programs. It will not be used for Varsity teams. There are no competitive games on the fields. The teams would be bused or they would jog to the fields. There is an existing bicycle path near the site. Cornell is willing to connect the Recreation Trail to Pine Tree Road. Board Member Hoffmann - It looks to me as if the grade at the western -most edge of the western- most field is about 50 feet from the existing grade to the new grade. Ms. Gilbert - It is about 25 feet. The existing depth is 890 feet and goes up to 915 feet. We would also let the surrounding field re -grow to meadow. The athletic fields would be mowed. The slope is going to be re- vegetated. This is to reduce the impact of the size of the slope. Board Member Hoffmann - The previous proposal did not have the two fields running east and west at the same grade. Ms. Gilbert - There was no cut and fill to the previous proposal. We felt it was a good opportunity to use the fill, but we would have to change the profile of the fields. Mr. Talty - Are the fields going to be natural grass? Ms. Gilbert - Yes. Mr. Talty - What type of drainage will there be under the fields? Ms. Gilbert - It would depend on the soil. The study that we are doing would determine the type of drainage needed. We will set perimeters for the type of soil needed. Then whatever fill comes out of the ground for different projects would have to meet those conditions. We would need less drainage piping and storm water control for well drained soil. The fields have a cross pitch of 1 percent. They would be draining naturally and slowly. The tops of the fields are grass. The hope is the grass and soil will be a filtration system in itself. The existing soil is heavy, clay soil. There is no drainage at all. A grass area with good draining soil underneath will help the situation. It will not make it worse. The hydrological study would look into it. Board Member Thayer - Where would the determination for the quality of the soil be made? Ms. Gilbert - Each project has a geotechnical analysis done for the kind of soil that is being removed before the project is started. We will know what kind of soil is being removed before the project is started. Board Member Thayer - What happens if there is not enough fill? Ms. Gilbert - The fields could be redesigned in terms of the shape of the fields. Board Member Thayer - The fields could be redesigned to the standards of the previous proposal. PLANNING BOARD PAGE 16 MAY 1, 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Ms. Gilbert - There is some concern about the trucking of the fill onto the site. The intent is to try to keep the fill on campus or within Cornell boundaries. When we send fill off campus we usually end up buying it back. We would be willing to work with the Town on a transportation plan. Chairperson Wilcox - The fill would be remaining on Cornell campus, but it could be crossing a municipal boundary. Permits may be necessary. Ms. Gilbert - We need a SPEDES permit from New York State Department of Environmental Conservation (DEC). Board Member Hoffmann - Are the three settling basins necessary because of all the fill? Ms. Gilbert - No. They are necessary because of a siltation protection. The settling basins catch the water draining off the soil. Board Member Hoffmann - Have you done any sketches on how the site would look from surrounding areas? Ms. Gilbert - No. I do have photographs from the last go around from different advantage points looking towards the site. We can take updated pictures. Chairperson Wilcox - The view shed issues were important three years ago. The board was very concerned with the lighting. Mr. Kanter - Is the walkway intended for pedestrians and bicycles? Ms. Gilbert - I thought of it more as an organic trail with grass or bulk mulch. We could look into it further. Mr. Walker - There is basically no fill on the top two fields. Is there a reason why that elevation is important? There is quite a cut slope below the tennis courts. They were trying to balance cut and fill with the original fields. Ms. Gilbert - They wanted to maintain the grade of the top fields. There is a severe slope from the edge of the outdoor tennis courts down to the first field. It is an existing slope. I can ask our consultant. Mr. Walker - I am concerned because you need to cut into mature woods to put the lower field in, which is where most of the fill would need to go. The two fields could be raised to start at the natural grade of the upper side; you could dispose of as much material on the upper two fields without building the third field. The main purpose would be to get rid of the fill and the secondary purpose would be to have the athletic fields. Chairperson Wilcox - It is an interesting point. Is the purpose of this project to use fill that is going to be generated by various construction projects or is it to put in three athletic fields in the best possible way on this site? The elevations have been changed on the new plan so that a lot more fill is needed. PLANNING BOARD PAGE 17 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED It makes me wonder if this is the best plan for the area. It might be the best plan to use up 74,000 cubic yards of fill. Ms. Gilbert - The previous plan was a balance of cut and fill. It is always the best situation. We now have extra fill and rather than pay for it to be hauled off site we could put it to use. We looked at this area for the athletic fields. We also looked at all the drainage problems with the area. This might improve the drainage in the area. It seemed sensible. Chairperson Wilcox - The issue will need to be addressed for Preliminary and Final Site Plan approval. Board Member Hoffmann - Whenever the board hears proposals that contain cut and fill, we try to make sure that the existing drainage situation is corrected or improved. We always assume that if there is bad soil something will be done to correct the drainage in another way. I do not think it is a good argument that this area is clay soil. The fields would be built with proper drainage even if the fill were not available. Ms. Gilbert - The fill soil works towards our advantage so that the drainage does not have a negative impact on the site. I know that if we built the fields the previous way, we would need to take measures to contain the water on site. This contains the water on the site also and we are able to use the fill. Board Member Conneman - What uses will occur on the fields? Bob Chaddock, Cornell University Athletics - The fields will be used by our summer camp program. The Cornell Sports Club program will also use it. Cornell has an extensive sports club program. The fields could be used for Frisbee, rugby, or soccer. These are non - varsity sports. Board Member Conneman - There were many members of the rugby team present during the North Campus project. One argument for moving the Moore House was that they needed the field space for rugby. Mr. Chaddock - I do not know of fields designated specifically for rugby. These fields would accommodate the rugby club. Mr. Talty - Where do the students currently utilize fields on campus for these sports? Mr. Chaddock - Rugby is currently scattered. They use various schools in the community. Mr. Talty - Would the students be prohibited from utilizing their currently facilities? Mr. Chaddock - No. We would make these fields available to them. We would invite them to use the fields. Board Member Hoffmann - Would the access trail to the Town of Ithaca trail be available for the general public to use? PLANNING BOARD PAGE 18 MAY 11 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Mr. Chaddock - Yes. The fields would also be available for drop -in, informal recreation by the community when not in use by Cornell programs. Chairperson Wilcox - We have a letter dated May 1, 2001 from the Tompkins County Department of Planning. The County Planning Department reviews site plans, which may have intermunicipal interests. The City of Ithaca had to go back and review some of the Southwest Park approvals because of the failure to have a County review. The County refers to this action as Preliminary Site Plan approval. This is not Preliminary Site Plan approval. It is Sketch Plan review. This is an opportunity for the board to see the proposed project and the applicant has the opportunity to hear the board's comments. The County has determined that the project, as proposed, may have intercommunity, county or State impacts. They recommend modification of the proposal. The County is concerned about truck traffic, noise, and dust conditions. They recommend that Cornell repair any and all damage to County roads. The heavy truck traffic should be mitigated. The letter is a strong statement from the County regarding their position on moving that much fill. Their view was based on what they thought was a formal site plan review. The County makes very valid points. Ms. Gilbert - The City has already approved the fill coming from Duffield. It is going to go somewhere. The Duffield is currently working with the City of Ithaca on a transportation plan for the fill. Chairperson Wilcox - Where is the fill going? Ms. Gilbert - That is the question we are trying to answer. Mr. Walker - What is the quantity of fill for the Duffield project? Ms. Gilbert - It is about 74,000 cubic yards. I do not know if we could use all the fill. We do not know enough about the soil at this point. Attorney Barney - The County mentioned in their review that they would need to issue an overweight permit. What is an overweight permit? Mr. Walker - The State issues overweight permits for certain types of trucks. It is mostly done for bridges. I assume that if the fill is being hauled with conventional trucks that they would be holding the trucks to the axle weight limit on the highways. I do not believe that they would need an overweight permit if they monitor how heavily they load the trucks. The County is concerned about truck traffic on County roads. Chairperson Wilcox - It also means that if this project comes in for a formal request for Preliminary Approval, then it will need to go back to the County for the 239 review. Many members of the public are present. I would like to give them a chance to briefly address the board. This is not a formal public hearing. There will be formalized public hearings later in the process. PLANNING BOARD PAGE 19 MAY 19 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Hollis Erb, 118 Snyder Hill Road - I would ask that when this project comes for formal approval that we hear something about the amount of truck trips and how they are going to enter and exit the site. I would like to hear if this project is going to be dragged out until the end of the 1 to 8 year project timeline. The close neighbors would have to contend with construction for many years. I note that the homes across the Recreation Way and the homes on Mitchell Street are not indicated on the maps. I would like a better idea on how close they are to the site. The trees could be left as a noise barrier for the surrounding neighborhoods. Louis Billera, 925 Mitchell Street #5 - I live in the townhouse development on Mitchell Street and am the president of the homeowners' association. There is a steep gully that runs along the property. The gully runs into a drainage stream that runs into a pond behind our development. Every time there is a heavy a rain, water runs through the gully, through our pond and then drains through a small culvert underneath the walking trail. Earth and dam hold up our pond. We are going to be looking out our backyard at the fields that are on a plateau 25 feet in the air. It is unbelievable this project is being done just to get rid of dirt. They could find somewhere else to dump the dirt. I do not know how they are going to keep the fill there. I also do not see how they can tell where the water is going to go when it rains. There are two main drainage areas. I am thankful to the Planning Board for notifying us of the project. We had not been notified of the previous proposals. The softball field has audiences periodically and we hear it. I wonder to what extent the club sports will have crowds. Victoria Anagnost, Eastwood Commons - Water is my most important issues. When you start to discuss the issue specifically, there is a new environmental issue called West Nile. There are a lot of bugs in the area of Black Oak in the basins. When we start developing more and more basins that do nothing but sit, then you will start dealing with other issues of insects. We would need to develop some time of assault on that insect population. Is this board obligated in any way to ask the University to notify the City residents? Eastwood Commons, Homestead, and all of Mitchell Street are impacted by this development. Mr. Walker - We have asked for a hydrologic evaluation for the entire watershed. The Town is actively developing a watershed plan and a monitoring program. Ms. Anagnost - Are you obligated to notify the residents on Mitchell Street? Chairperson Wilcox - No. Our legal obligation is the publication of the notice in the paper. Attorney Barney - The Town notifies the clerk of another municipality if the property in question is within so many feet of a boundary line with another municipality. Ms. Ritter - We notified the City Planning Department. Ms. Anagnost - Are they obligated to send a notice? Attorney Barney - No. The notice is published in the newspaper. PLANNING BOARD PAGE 20 MAY 19 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED Chris Anagnost, Eastwood Commons - This project will have a major impact on the intensity of use of the East Hill Recreation Way. I live at Eastwood Commons because I can walk along a bike path to work and enjoy the benefits of seeing animals and people strolling along. This use would be a major change of the use of the area. It will cause the bike path to be an adjunct of Cornell University property. Cornell is trying to move soil onto property that it already owns. Cornell also owns 67% of the County. It would be hard for them to move any soil without moving it onto their own property. It is not a good reason to allow the development of the fields. I would also hate to see changes in the noise levels. I hope this project does not go through just because Cornell needs a place to put its fill. Abigail Saxton, 925 Mitchell Street - Where are the Cornell summer camps presently being held? Is this on the early side of the 1 to 8 year timeline? Mr. Chaddock - The Cornell summer camps are presently being held at the Jessup Field, Alumni Field and the stadium. Ms. Gilbert - The Duffield project is beginning in June. West Campus would start after Duffield. It is a long -range project. The fill will be removed over the course of a few years as each building is replaced. The other projects do not have a timetable. Attorney Barney - What is the time frame for this project? Ms. Gilbert - We could do this entire project this project would be staged if we could not use the fill. year if the fill from Duffield could be used. The Board Member Conneman - The most important question is what is the most effective athletic field that we can build and have the least impact on the environment. It is Cornell's problem if they cannot use the fill. It does impact what is seen. I hope the decision is based on what kinds of fields need to be built, rather than finding a use for fill. Chairperson Wilcox - Ms. Gilbert, have you received enough feedback from the board and the public? Ms. Gilbert - Yes. Chairperson Wilcox closed this segment of the meeting at 10:03 p.m. AGENDA ITEM: APPROVAL OF MINUTES - APRIL 17, 2001 RESOLUTION NO. 2001 -34 - Approval of Minutes: April 17, 2001. MOTION by Fred Wilcox, seconded by George Conneman. RESOLVED, that the Planning Board does hereby approve and adopt the April 17, 2001 as the official minutes of the Town of Ithaca Planning Board for the said meeting as presented. THERE being no further discussion, the Chair called for a vote. PLANNING BOARD PAGE 21 MAY 1, 2001 APPROVED - APPROVED - APPROVED - MAY 15, 2001 - APPROVED - APPROVED - APPROVED AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, Talty. NAYS: NONE. ABSTAIN: NONE. The MOTION was declared to be carried unanimously. AGENDA ITEM: OTHER BUSINESS: Chairperson Wilcox - We received a letter from the Department of Parks, Recreation and Historic Preservation informing us that they cannot close on their subdivision within six months. Do they need to come back before the Planning Board? Attorney Barney - There should be a brief public hearing to modify the subdivision approval to extend the six month period. Chairperson Wilcox - The board received a summarization of discussions with EcoVillage. Mr. Kanter - It should not take staff long to review the information once it is submitted to the Town. Chairperson Wilcox - The board received a brochure for a conference in Rochester. Please see Mr. Kanter if anyone is interested. Board Member Hoffmann - We need to make a different arrangement for applicants presenting maps and needing to speak into the microphone at the same time. The board and the audience need to see the maps while the applicants speak into the microphone. Attorney Barney - The maps could be set up to the left. Staff has seen the maps. It is more important for the board and public to see the maps. Chairperson Wilcox - The New York Planning Federation is held in the fall. I have been to the conference a few times. I would encourage new board members to attend. I would like to go this year if no one else is interested. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the May 1, 2001 meeting of Town of Ithaca Planning Board duly adjourned at 10:10 p.m. Re ctfully sub fitted: Carrie Whitmore, Deputy Town Clerk/Deputy Receive of Taxes